NJ Returns to Federal Courts to Defend Title IX Protections for LGBTQ+ Students

New Jersey, California, and Pennsylvania lead multistate efforts to uphold protections for LGBTQ+ students in schools against gender-based harassment and discrimination.

NEW JERSEY - Attorney General Matthew J. Platkin announced that New Jersey, along with California and Pennsylvania, has co-led two amicus briefs in federal appellate courts to defend Title IX’s protections for LGBTQ+ students from gender-based harassment and sex discrimination. The briefs, supported by a coalition of states, seek to overturn a preliminary injunction that could affect schools in several states.

The amicus briefs were filed in response to lawsuits—Louisiana v. U.S. Department of Education in the U.S. Court of Appeals for the Fifth Circuit and Kansas v. U.S. Department of Education in the U.S. Court of Appeals for the Tenth Circuit—challenging the U.S. Department of Education’s Final Rule on nondiscrimination in federally funded education programs. This rule extends Title IX protections to LGBTQ+ students and reverses a 2020 policy that had reduced these protections.

Plaintiffs in both cases, Louisiana and Kansas, are challenging the Final Rule, seeking to revert to narrower standards from the previous administration. AG Platkin and his colleagues argue that the protections under the Final Rule are necessary for ensuring equal educational opportunities for all students, regardless of gender identity or sexual orientation.

“In a free and fair country, all students should be protected from discrimination based on sexual orientation and gender identity,” said Attorney General Platkin. “All students deserve and are entitled to protection from harassment and harm in school. The science is clear that a hostile educational environment has numerous negative impacts on LGTBQ+ youth, and we will keep fighting for these students, no matter where they go to school.”

The briefs assert that the Final Rule aligns with Title IX’s language and prevents severe or pervasive harassment that interferes with students' educational experiences. Moreover, the rule does not impose unreasonable costs on schools or violate constitutional provisions related to federal funding.

In New Jersey, protections against discrimination in education are already enshrined under the Law Against Discrimination (LAD), which safeguards students from hostile environments caused by harassment or discriminatory policies.

“As another school year begins, New Jersey families should know that they will always have the protection of my office when it comes to safeguarding their rights to learn in educational environments free of harassment, threats, bias, and intimidation,” said Attorney General Platkin.

Attorney General Platkin, along with California’s Rob Bonta and Pennsylvania’s Michelle Henry, leads this multistate effort, joined by Attorneys General from 18 other states and the District of Columbia. This initiative is part of an ongoing battle to maintain robust Title IX protections for vulnerable students.

The case is being handled by Assistant Section Chief Andrew Yang, Deputy Attorneys General Amanda Morejón, Giancarlo Piccinini, and Lauren Van Driesen, under the supervision of Section Chief Jessica Palmer and Assistant Attorney General David Leit.